Wednesday, July 22, 2015

Bill-C-51 challenged in court

"New powers for Canada's spy agency are unconstitutional and represent an extraordinary reversal of the traditional role of the judiciary, two national groups say in a newly filed legal challenge of the Conservative government's omnibus security bill.

The Canadian Civil Liberties Association and Canadian Journalists for Free Expression are asking Ontario's Superior Court of Justice to hear their constitutional case against the federal anti-terrorism measures, commonly known as Bill C-51....

"The notice of application in the court challenge says the measures amount to 'an extraordinary inversion' of the time-honoured role of the courts and the principles of fundamental justice by asking the judiciary, and not Parliament, to authorize limits on charter rights 'as opposed to protecting such rights and preventing their violation.'

"The legal challenge objects to someone being added to the no-fly list 'on mere suspicion' he or she might commit an act that threatens an airplane.

"'Once placed on the no-fly list, it is very difficult for the individual to remove their name from the list,' the court filing says. 'There is no due process, no fundamental justice, and no natural justice under the scheme.'

"The application also says the concept of activity that 'undermines the security of Canada' is unconstitutionally vague and leaves a person in the dark as to whether information about — or related to them — has even been shared.'

"In addition, the provision outlawing promotion of terrorist offences has 'a chilling effect on freedom of expression and association' and encourages people to remain silent 'rather than risk the perils of prosecution,' the application charges."